​​Patently Strategic - Patent Strategy for Startups

In this insightful discussion, Kristen Hansen, a patent strategy specialist and quality guru at Aurora, teams up with David Jackrell, President of Jackrell Consulting. They dive into the crucial aspects of patent quality, exploring its importance for startups. Topics include balancing quality and budget, effective prior art searches, and strategic drafting practices. The duo emphasizes the necessity of clear claims and the role of qualified professionals in enhancing patent protection. Tune in for practical tips and strategies to elevate your patent game!

We’ve seen few entrepreneurial success stories that haven’t involved heavy doses of perseverance, grit, observation, and creative problem-solving. Today’s guest possesses these qualities in spades. And while I can’t necessarily recommend some of the more death-defying specifics of his approach … at least not without a lot of “don’t try this at home” fine print :)  … I do think that most inventors and aspiring entrepreneurs will benefit immensely from studying our guest's thoughtfully crafted, time-tested, and wildly inventive approaches to innovation and business.Robert Cameron is the Owner and CEO of Multi Wedge – as well as the inventor of some brilliant products sold under the same name. Multi Wedge non-marring pry tools are designed to pry delicate materials without damage. These are excellent tools for woodworking, electrical wiring, delicate mechanical work, and so much more. Robert’s wedges were recently tested by SpaceEx and used in the manufacturing process of Jet Engines at G.E Aviation. And of slightly less significance, but much closer to home, found under the Christmas trees of several of my closest relatives this past December. Robert has molded 1.3 million 3-piece sets, 3.3 million single wedges, and has been selling Multi Wedge in over 18,000 stores since 2010. I met Robert back in October at the US Inventor Conference in DC. I was lucky enough to bump into him over dinner when he shared his incredible story with me. It's one of the funniest and most inspiring success stories you’ll hear.** Mossoff Minute **In this month's Mossoff Minute, Professor Adam Mossoff discusses findings from the recently published World IP Day Patent Litigation Study. This study clearly shows problems with the patent system but not the problems you typically hear from the companies that have been dominating the patent policy discussions for the past decade. Adam also highlights the importance of injunctions and damages – something we'll be discussing a lot more in segments to come.** Discussed Links **⦿ Multi Wedge: https://multiwedge.com/** Follow Aurora Patents **⦿ Home: https://www.aurorapatents.com/⦿ Twitter: https://twitter.com/AuroraPatents⦿ LinkedIn: https://www.linkedin.com/company/aurora-cg/⦿ Facebook: https://www.facebook.com/aurorapatents/⦿ Instagram: https://www.instagram.com/aurorapatents/ ⦿ TikTok: https://www.tiktok.com/@aurorapatents⦿ YouTube: https://www.youtube.com/@aurorapatents/Thanks for listening! ---Note: The contents of this podcast do not constitute legal advice.Let us know what you think about this episode!

The difference between getting claim construction right and getting it wrong is the difference between a valid patent and an invalid patent – and the difference between millions of dollars awarded from infringement decisions vs. ending up with a worthless piece of paper.In this month’s episode, Dr. David Jackrel, President of Jackrel Consulting, leads a discussion into three real-world applications for patent claim construction, as tested and decided upon by the United States Court of Appeals for the Federal Circuit. This is the highest court in the land under the Supreme Court for handling intellectual property disputes – and establishes much of the legal precedent the patent world has to go on … for better and for worse. The panel dissects the claims for each case, discusses the court’s analysis, and provides tips and strategies for more effective claim drafting in light of the strengths and weaknesses of the litigated patents. Dave is joined today by our always exceptional group, including:⦿ Dr. Ashley Sloat, President and Director of Patent Strategy at Aurora⦿ Kristen Hansen, Patent Strategy Specialist at Aurora⦿ Ty Davis, Patent Strategy Associate at Aurora** Mossoff Minute **In this month's Mossoff Minute, Professor Adam Mossoff discusses the ill-advised price control mania presently sweeping the globe and its predictable impacts on free markets and innovation if we continue down the current path we’re precariously walking.** Discussed Links **⦿ Aurora hiring links: https://www.aurorapatents.com/careers.html⦿ Claim Strategies Episode (Part 1): https://www.aurorapatents.com/blog/patent-claims-the-name-of-the-game⦿ Claim Construction Episode (Part 2): https://www.aurorapatents.com/blog/claim-construction ⦿ Patent Anatomy Episode: https://www.aurorapatents.com/blog/new-podcast-patent-anatomy⦿ Patent Anatomy Blog Post: https://www.aurorapatents.com/blog/patent-anatomy-whats-in-a-patent** Follow Aurora Patents **⦿ Home: https://www.aurorapatents.com/⦿ Twitter: https://twitter.com/AuroraPatents⦿ LinkedIn: https://www.linkedin.com/company/aurora-cg/⦿ Facebook: https://www.facebook.com/aurorapatents/⦿ Instagram: https://www.instagram.com/aurorapatents/ ⦿ TikTok: https://www.tiktok.com/@aurorapatents⦿ YouTube: https://www.youtube.com/@aurorapatents/Thanks for listening! ---Note: The contents of this podcast do not constitute legal advice.Let us know what you think about this episode!

AI's evolving role in patent tools, facing challenges like public disclosure risks and inventorship. Experts discuss current AI in patent searching, proofreading, drafting, and future solutions. AI addresses issues with PTAB, search quality, and unsustainable bar. Professor Mossoff explores AI-generated inventions' patentability.

Our interview with James Howard, Founder and Executive Director of the Black Inventors Hall of Fame.James Howard is a college professor, design historian, entrepreneur, industrial designer, inventor, filmmaker, and restauranteur. He brings over 25 years of experience as a design professor and has authored a course on Design Thinking and Design History that explores the impact of design on society.  As an accomplished Industrial Design educator and entrepreneur, Howard has lectured on the experience of Black American inventors. Howard himself is an extraordinary inventor with 20 patents, several of which we discuss, cover innovations that save people's lives daily. James' life work is now culminating in his mission of bringing a broad and detailed awareness to the important work of African American inventors, artists, and innovators who have inspired and forged ahead against tremendous odds and adversity. In creating the Black Inventors Hall of Fame, James hopes to have a place where kids of all ages and persuasions can go and be inspired to become the next generation of scientists, engineers, doctors, and inventors. Because like the great inventor Lonnie Johnson says, “What they see, they will be.”  ** Mossoff Minute **In this month's Mossoff Minute, Professor Adam Mossoff discusses how there’s a pirate living in your Apple Watch and why the media’s coverage of Apple’s predatory infringement of Masimo's patents is missing the mark. ** Discussed Links **⦿ Black Inventors Hall of Fame⦿ BIGG documentary: The Gathering⦿ Tech Boy Book⦿ Why Patents Exist⦿ Inventor Stories Vol. 1** Follow Aurora Patents **⦿ Home: https://www.aurorapatents.com/⦿ Twitter: https://twitter.com/AuroraPatents⦿ LinkedIn: https://www.linkedin.com/company/aurora-cg/⦿ Facebook: https://www.facebook.com/aurorapatents/⦿ Instagram: https://www.instagram.com/aurorapatents/ ⦿ TikTok: https://www.tiktok.com/@aurorapatents⦿ YouTube: https://www.youtube.com/@aurorapatents/Thanks for listening! ---Note: The contents of this podcast do not constitute legal advice.Let us know what you think about this episode!

In this engaging discussion, Kristen Hansen, a Patent Strategy Specialist at Aurora, and David Jackrel, President of Jackrel Consulting, dive into the complexities of claim construction. They explain how precise language in patent drafting can significantly impact future litigation outcomes. The conversation highlights the importance of distinguishing intrinsic from extrinsic evidence and navigates the challenges jurors face with technical information. Listeners gain insights into the historical context of claim construction and its critical role in patent defense.

From patenting classic boardgames like Monopoly and Battleship back in the 1930s to challenges with protecting modern innovations in areas like game development and VR, our experts are breaking down everything you need to know about patenting games so you don’t end up just rolling the dice when investing in protections for your entertaining innovations.  As a bonus, in this month’s episode, we’re bringing you two dealers: Dr. David Jackrel, President of Jackrel Consulting, will be covering the physical realm of board games and toys. Kristen Hansen, Patent Strategist and software guru here at Aurora, will be covering all things computer and video games in the second half. David and Kristen are joined by our always exceptional group of IP experts. Two exceptional gamers who would never be regarded as NPCs:Dr. Ashley Sloat, expert hotel builder and securer of rights on properties of all colors, but especially the green ones.Ty Davis, who’s always playing chess when it comes to claims.** Mossoff Minute **Professor Adam Mossoff recently attended the annual Inventor’s Hall of Fame induction ceremony and discusses two sets of inductees and their groundbreaking inventions of the mRNA platform and CRISPR gene editing technology.** RISE Award Winners **To learn more about this year's RISE award winners including Dustin Webb (Absolute Concept Designs), Rebel Cultures (Della Fetzer), Sand Baggage (Michael Wahlstrom),  and Chefshare  (Dr. Erin Eatough), please visit https://www.aurorapatents.com/rise-up-with-aurora.html.  ** Follow Aurora Patents **⦿ Home: https://www.aurorapatents.com/⦿ Twitter: https://twitter.com/AuroraPatents⦿ LinkedIn: https://www.linkedin.com/company/aurora-cg/⦿ Facebook: https://www.facebook.com/aurorapatents/⦿ Instagram: https://www.instagram.com/aurorapatents/⦿ TikTok: https://www.tiktok.com/@aurorapatents⦿ YouTube: https://www.youtube.com/@aurorapatents/Thanks for listening! ---Note: The contents of this podcast do not constitute legal advice.Let us know what you think about this episode!

The podcast discusses the importance of patent claims in defining and protecting intellectual assets. It covers claim drafting strategies, overcoming software rejections, and understanding different types of patent claims. The speakers also explore the patentability of method of treatment claims and the significance of including a jury figure in patent claims. Additionally, they discuss the liability of importing products made by a patented process and compare different claim types in patent infringement cases.

This podcast episode explores the use of government grants and the regulations surrounding inventions generated under these grants. It discusses the types of small business research grants available and the implications for patent licensing and ownership. The episode also highlights the Prevail Act, a patent reform legislation aimed at improving the Patent Trial and Appeal Board. Additionally, it delves into the challenges faced by inventors who receive federal funding and attempt to avoid government ownership of their inventions. The chapter concludes by exploring the benefits and challenges of government grants as a source of non-deluding capital for startups.

In this month’s episode, we’re talking about Jack Daniels, Mickey Mouse, Andy Warhol, Jason Voorhees, Winnie-the-Pooh, Lizzo, and WallStreetBets … What do they have to do with patents you might fairly be wondering? Honestly, not much. Patents are our focus in our business and in this podcast, so we devote a lot of air time to talking about protecting ideas and inventions, but in the realm of intellectual property, patents have some pretty close cousins. In thinking more broadly about creating the largest possible moat with your IP, you also need to be considering what our guest, Mallory King, refers to as “brand protection” – or the copyrights, trademarks, and contracts necessary to protect your brand’s rights and assets. Copyrights and trademarks in particular have seen a lot of limelight this year involving some of the biggest brands and pop culture icons. At the same time, major IP rights questions are erupting around the use of generative AI systems like ChatGPT. In addition to covering the basics necessary to help get you booted up, we’re going to use these high profile topics and Supreme Court cases as a vehicle to get a deeper understanding of copyrights and trademarks and some of the sharpest corners you should be aware of when managing your own brand protection. ** Topics Highlights **'⦿ Copyright and Trademark Basics⦿ Work made-for-hire and Friday the 13th⦿ Jack Daniels Properties v. VIP Products⦿ Brand protection expiration, Winnie-the-Pooh: Blood and Honey, and Steamboat Willie⦿ Lizzo's "100% That Bitch" trademark appeal⦿ r/WallStreetBets trademark dispute with Reddit⦿ Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith⦿ Generative AI: Humans as authors and fair use implications** Mossoff Minute **This month's Mossoff Minute, featuring Professor Adam Mossoff, looks at the introduction of the 2023 Patent Eligibility Restoration Act, its biggest criticisms, and why it needs to be passed. ** Connect With Our Guest **Mallory King is the owner and attorney at Breathe Brand Protection, PLLC, a boutique law firm specializing in all things brand protection. Based in Traverse City, Michigan, Mallory is passionate about helping entrepreneurs and small businesses protect their most valuable brand assets, both locally and nationwide. You can learn more about Mallory and Breathe Brand Protection at https://www.breathe.law/** Follow Aurora Patents **⦿ Home: https://www.aurorapatents.com/⦿ Twitter: https://twitter.com/AuroraPatents⦿ LinkedIn: https://www.linkedin.com/company/aurora-cg/⦿ Facebook: https://www.facebook.com/aurorapatents/ ⦿ Instagram: https://www.instagram.com/aurorapatents/ ⦿ TikTok: https://www.tiktok.com/@aurorapatents⦿ YouTube: https://www.youtube.com/@aurorapatents/Thanks for listening! ---Note: The contents of this podcast do not constitute legal advice.Let us know what you think about this episode!